Sirajudeen vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in crime No.853/2021 of Chavakkad police station, Thrissur, which is registered for the offences punishable under Sections 363 and 377 IPC and Sections 4 r/w 3, 6 r/w 5 and 12 r/w 11 of POCSO Act.

It is alleged that petitioner subjected the defacto complainant/minor boy to unnatural sex at his chicken shop and also at the house of the petitioner at Muthammavu on several days during the period April, 2019 to May, 2021 and thereby committed the offence aforementioned.

The petitioner was arrested on 24.06.2021 and since then he is in judicial custody.

The main contention of the learned counsel for the petitioner is that the defacto complainant/victim boy in this case is 17 years old and the incident alleged to have taken place in between 2019 and 2021. For two years, no complaint has been filed and delay has not been properly explained by the victim. The learned counsel for the petitioner submitted that the petitioner has no criminal antecedents. Hence, taking into account the period of confinement already undergone by him, the learned counsel for the petitioner seeks for granting bail to the petitioner.

The learned Public Prosecutor produced the copy of the FIR and FIS along with copy of the report filed by the Inspector of Police, Chavakkad. The report filed by the Investigating Officer would not reveal that the petitioner is involved in any other crime. The entire investigation is over and the final report also has been filed. The petitioner was arrested on 24.06.2021 and thereafter, he has been under confinement. So continued confinement of the petitioner is not seems to be necessary in view of the facts and circumstances of the case.

In the said circumstances, taking into account the period of confinement already undergone by the petitioner and further that he has no criminal antecedents, I am inclined to grant bail to the petitioner. Therefore, the petitioner is granted bail on the following conditions:-

i. Petitioner shall be released on bail on executing a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court;

ii. He shall report before the investigating officer for interrogation as and when required by him in writing.

iii. He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

iv. He shall not try to contact or influence the witnesses or tamper with the evidence;

v. He shall not involve in any crime during the period on bail.

vi. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.